What Injuries Does the Paragard T 380A Cause?
If you’ve had serious symptoms or are concerned about the safety of your IUD (intrauterine device), you may be wondering, what injuries does the Paragard T 380A cause? There are many possible side effects of use, ranging from mild to life-threatening. These could include uterine perforation or even ectopic pregnancy.
However, if you’re considering bringing a personal injury case for your harm and filing a lawsuit, specific criteria apply when determining if you suffered injuries according to legal standards. An attorney can help you identify how you could have been injured by a Paragard IUD and help you seek compensation for your damages.
What Is Paragard?
Paragard is a copper-based IUD that CooperSurgical, Inc., makes. The manufacturer claims this intrauterine device is highly effective at preventing unwanted pregnancy—over 99% effective. More than this, many women turn to Paragard because it offers a hormone-free birth control solution through its single active ingredient, copper.
The biggest concerns related to the Paragard IUD concern its T-shaped design and tendency to break. The tiny device is intended to be easily inserted into the uterus through a routine doctor visit, but the T-shaped design has led to the following defects after insertion:
- The IUD may embed in or perforate the uterus
- The arms of the IUD may break off and migrate while still in the body or break during removal
Women who faced injuries from these or other defects may be able to file a lawsuit.
Paragard Side Effects
According to the manufacturer, CooperSurgical, Inc., Paragard use could lead to certain side effects—some of which may be very serious.
- Pelvic inflammatory disease (PID)
- Serious or life-threatening infection
- Ectopic pregnancy
- Uterine embedment of the IUD
- Uterine perforation
- Heavier or longer periods or spotting
- Symptoms following insertion of the device, such as dizziness or even seizures
Other complications with the IUD are possible, such as expulsion of the device, pain during sex, cramping, or other symptoms.
Uterine perforation, embedment, ectopic pregnancy, and IUD migration may require women to undergo surgery to prevent further complications. These surgeries could include laparoscopy, laparotomy, or hysterectomy.
Contraceptive Failure with the Copper T 380A
As discussed, CooperSurgical claims that the Paragard IUD is more than 99% effective at preventing pregnancy. However, pregnancy could still occur with the use of these devices.
In one scenario, a woman could become pregnant with an IUD in place through an ectopic pregnancy. In these pregnancies, an egg becomes fertilized and begins to develop within the fallopian tubes outside of the uterus. This is a dangerous health condition and may need to be addressed with medication or even surgery.
Research has also shown that copper-based IUDs may be less effective at preventing unwanted pregnancies than other types of IUDs, such as hormonal-based devices. (Fertility and Sterility)
The U.S. Food and Drug Administration (FDA) maintains a reporting system that records incidents of side effects or dangers of health care products. The reporting system, called the FDA Adverse Events Reporting System (FAERS), can help manufacturers and consumers understand when users associate negative outcomes with a product, which could point to defects in design or manufacturing.
More than 40,000 reports have been recorded for the Paragard T 380A in the FAERS database since 1989. Thousands of women have reported issues with breakage, expulsion, uterine disorder, pelvic pain, and embedded devices, among other concerns. Of these reported cases, 15 were fatal.
So, while any medical device may come with risks of side effects, women who experienced injury after using Paragard T 380A say the IUD comes with significant dangers. Also, victims claim that CooperSurgical, Inc., released a defective product to the market and failed to properly warn consumers of these dangers.
Types of Paragard IUD Injuries
As mentioned, the Paragard IUD could lead to significant health complications and injuries. These include uterine perforation, embedment, ectopic pregnancy, infections, and PID.
Some women have also experienced migration and embedment of the device in other areas of the body, such as the colon. Others have faced infertility after using a Paragard IUD.
No matter what type of injury you have, you could seek compensation for your health complications if certain conditions are true in your case.
Am I Eligible to Seek Compensation for My Injury?
To bring a successful personal injury case and get monetary damages, you will need evidence of the following:
- You used a Paragard IUD as intended.
- The Paragard IUD led directly to your injury.
- You suffered damages as a result, such as medical bills or missed paychecks.
This means victims will need to show specific kinds of evidence of injury to get compensation. You or your personal injury lawyer will need to show medical evidence of an injury, then link that injury directly to the defective Paragard IUD. Finally, you’ll have to show evidence that you had costs or other losses associated with the injury.
This may seem complicated, but an injury lawyer will be familiar with exactly what kinds of evidence will make a strong case. Their team can speak with you during an initial consultation, then explain your options for legal action and financial recovery.
What You Should Do if You’re Experiencing Symptoms
If you’re experiencing symptoms, you should talk to your doctor. Concerning symptoms could include pain or cramping, irregular bleeding, or being unable to feel the threads of your IUD inside you, among other concerning symptoms, as CooperSurgical, Inc., notes.
Getting medical attention for any injuries immediately is crucial—both for your health and any injury case that you may bring. Without documentation that you suffered an injury, it will be challenging to successfully seek compensation. Also, certain injuries could warrant immediate medical intervention.
Your Options for Filing a Paragard Lawsuit
Many women have filed a lawsuit for damages related to a defective Paragard IUD, and you may be able to do so as well.
You may be able to join the existing mass tort against CooperSurgical, Inc., or file your own lawsuit. A mass tort case may result in a settlement or jury award for plaintiffs. An injury lawyer could explain your legal options and help you understand why compensation could be recoverable in your case.
Damages You Could Recover Through a Lawsuit
An injury lawsuit attempts to help plaintiffs heal and recover from the damages inflicted by their injury. These damages could be either financial or non-financial and may include:
- Medical bills: Whether you needed medications, diagnostic testing, surgery, hospitalization, visits to a doctor, physical therapy, or other medical treatment, these could be recoverable. If your injuries are expected to continue affecting you in the future, you could get compensation for your past, present, and future anticipated expenses.
- Career impacts: Some injuries leave victims unable to return to work for a short-term period, leading to missed checks. Others may face prolonged health problems and could be prevented from working at their former capacity well into the future. A lawsuit could compensate you for both situations.
- Your suffering: A serious injury can upend your life and well-being. A lawsuit could compensate you for pain and suffering, mental anguish, scarring and disfigurement, and other non-financial losses.
For Those Who Lost a Loved One
Losing a loved one to their injuries is not only devastating but financially stressful for partners and families. Through a wrongful death lawsuit, you can work to hold the liable party accountable and seek compensation for the following:
- Medical expenses required by your loved one before their passing
- Funeral and burial costs
- Income losses for your family
You could also seek damages for your pain and suffering and other emotional hardships of your loss.
The Status of the Paragard Lawsuits
At this time, the Paragard lawsuits have been consolidated into a multidistrict litigation (MDL) action. This brings lawsuits from across the country into a single mass tort case. MDLs allow for a more efficient court process and can help victims boost the strength of their individual lawsuits.
You may be able to join the existing MDL and seek compensation for your unique losses. One advantage of these types of mass torts is that they allow victims to maintain their individual lawsuits even after consolidation, and victims can recover awards, or a settlement based on their unique damages. In other words, victims do not simply split a pool of winnings evenly at the conclusion of the case.
MDLs are a complex form of litigation, so you may want a lawyer with mass tort experience to steer your case. MDLs feature bellwether trials, which are the initial trials in the case that are used to test out the arguments of the plaintiffs and determine the potential for recovering damages for other plaintiffs. The first trials in the Paragard MDL are expected to take place in 2023.
How a Lawyer Can Help with Your Lawsuit
An attorney can handle every step of your case. If you’re still in pain or recovering from your injuries, you may want to take advantage of the convenience of legal help. This way, the lawyer can handle the day-to-day tasks and challenges involved in your lawsuit while you focus on your recovery.
An attorney can:
Investigate and Build Your Case’s Evidence
As discussed earlier in this article, successfully bringing an injury lawsuit depends on building certain kinds of evidence for your case. A lawyer will understand how to do this, using sources such as:
- Your medical records
- Statements from your doctor
- Expert witness testimony
- Statements from your employer
Many other forms of evidence could be useful in your Paragard lawsuit.
Argue for Your Best Possible Financial Recovery
Your lawyer will represent your best interests throughout the process of your case. They may work with the liable party’s attorneys and other parties to seek the highest possible financial compensation available to you.
A lawyer’s skills in negotiation could prove beneficial here. Many MDLs are resolved through settlements reached with the plaintiffs. In other situations, the jury will issue a verdict that the defendant must pay; then, the attorneys representing the plaintiffs will argue for their clients’ individual compensation. In either situation, your lawyer’s ability to negotiate for your best results could help you seek your due.
Keep You Informed Throughout the Process
Being in the dark during a lawsuit can be frustrating for victims. A product liability and personal injury attorney can guide you through each step, updating you with important news and changes. They can tell you when and if a settlement is expected and what types of damages you could receive.
Frequently Asked Questions in Paragard Lawsuit Cases
Now that you know more about what injuries the Paragard T 380A causes and how to go about seeking compensation, you likely have more questions about these cases. Here are some answers to the most common Paragard questions.
Has the FDA Issued a Recall of Paragard T 380A?
The FDA has not yet issued a recall of the Paragard T 380A. The FDA has collected thousands of records of adverse events related to the device, however, and the agency makes this data available to consumers online.
Should I Hire a Lawyer?
This is a personal choice, but you may find a lawyer’s help highly beneficial during the complex litigation process. The defendant in the Paragard case, CooperSurgical, Inc., is likely to come well prepared with a team of corporate lawyers. This could be a bewildering defendant to face without legal help.
How Much Does It Cost to Hire a Lawyer?
Many injury lawyers work based on contingency fees, placing legal help within reach for many victims. Working on contingency means you won’t have to pay any upfront fees to get started, and the lawyer’s fees will come out of a settlement or award you receive.
We Are Your Allies & Advocates Every Step of the Way
If a Paragard T380A caused your injuries, a Paragard Lawsuit attorney will know what to do to help you take legal action. You could get a free case review from a lawyer’s team today. Fill out our online contact form to get connected with a lawyer in our network.